Can You File A Medical Malpractice Claim For Birth Injuries?
A new baby should be a happy milestone in a family’s life. However, one simple mistake during childbirth can completely turn things upside down. Sadly, this isn’t a rare occurrence in the US. Roughly seven out of every 1,000 hospital births will result in an injury.
If you or someone you know has this situation happen to them, you can file a medical malpractice claim and get compensation for what happened. Learn more about the steps you need to take next and how our New York medical malpractice attorneys can assist you during this difficult time.
Common Birth Injuries That Lead To Malpractice Claims
Every birth injury case’s details are unique, and in most cases, they’re nothing more than minor issues. However, there are a few conditions that could lead to lawsuits more than others, such as:
- Intraventricular hemorrhage (IVH)
- Brain injury due to hypoxia
- Spinal cord damage
- Umbilical cord strangulation
- Brachial plexus injury
- Erb’s palsy
- Bone fractures
- Cerebral palsy
- Internal bleeding
- Jaundice
- Infant Meningitis
- Intrauterine fetal demise (stillbirth)
Oftentimes, these medical conditions could cause a child long-term damage or can even prove fatal.
Why Do These Birth Injuries Happen?
In most cases, birth injuries happen because of difficulties during labor and delivery. However, there are rare situations when doctors are directly responsible for what happened. Every medical professional needs to follow strict rules and has a duty to act in their patient’s best interests. When they don’t, this can cause serious damages that could’ve easily been avoided.
You may be able to hold medical professionals responsible for a baby’s injuries if:
- They didn’t monitor the heart rate correctly
- Didn’t check the baby’s oxygen levels
- Didn’t communicate with other staff properly
- They failed to notice any major changes
- There were delays in performing a C-Section
How To File A Birth Injury Lawsuit
Gather Evidence
Your main responsibility is to prove the link between the doctor or medical provider’s negligence and your child’s birth injuries. Don’t forget to include ultrasound reports, lab results, doctor’s notes, or anything else that could strengthen your claim. If others were present during the incident, have them testify on your behalf. Expert witnesses could also give a third-party perspective on what happened and clear any misunderstandings about your case.
Speak To An Attorney
A medical malpractice or birth injury attorney could make the entire process easier. They’ll review your case’s details, negotiate a fair settlement with insurance companies, and help you gather the evidence. Their experience and familiarity with the laws can help you build a stronger case against the other party and hold them accountable.
Mind The Statute Of Limitations
Every state has its own statute of limitations for every type of case. In New York, you have up to 10 years from when the malpractice accident happened to file a lawsuit against those responsible. If you wait past this deadline, there’s a much higher chance of your lawsuit getting rejected.
Our Medical Malpractice Lawyers Are Here To Help
Seeing a child suffer from a birth injury is heartbreaking, especially when they have a lifelong condition they may never recover from. But you’re not alone in this situation. Our New York medical malpractice lawyers at Edelman, Krasin & Jaye, PLLC are here to help you hold the negligent party accountable for their actions. Please contact us online or at (866) 576-0484 to schedule a free case review with one of our attorneys.